Leading Cadres Of Party Member In The Acts Of Anti-corruption Issues In The Study Of Legal Consciousness

In China's academic circles, there are only sixteen articles specializing in training methods to legal consciousness in the behavior of anti-corruption of the party member leading cadres, and there is no monograph in the field. The articles on legal consciousness of leading cadres are generally scattered distribution in more than ten academic papers. It gives the author some realization like this: Relative to other academic research, in the academic circles of building of ruling party, the studies to legal consciousness of leading cadres are very few. However, in the jurisprudence, legal consciousness is only an integral part of jurisprudence, or a small subsystem, and it also lacks the special discourse. Based on the study and analysis to some scholars, the author found that their research mainly focused on the following levels:First, the current situation on legal consciousness of party member leading cadres.Since the part's 15 Third Plenary Session, with the continuous development and perfection of the rule by law, most of the leading cadres at all levels, possess the appropriate legal knowledge, the certain legal evaluation value, the capacity to use law effectively; and the capacity of management, decision-making and administration according to the law, and they can steadily solve all kinds of new contradictions and new problems emerged in the reform and development and coordinate various interests reasonably. However, there are some leading cadres who are lack of the high literacy, the knowledge of law and the legal consciousness. This situation mainly shows: in the administration of social and economic affairs, the policy replaces the law; in the course of law enforcement, everything won't be done according to law, administration won't be done according to the law; leading cadres can not properly exercise their power, the power replaces the law, statement on behalf of the law or favoritism.Second, the factors of weak legal consciousness of the party member leading cadres.(A) Historical factor. The thinking of thousands of years of feudalism is deeply rooted in ideology and politics, culture, education, legal awareness and other aspects, the legacy of it is difficult to eliminate in the short term, and it is still seriously affected the thought and behavior of some leading cadres. (B) Social factors. After 1975, because socialist legal system construction was affected by the "left" thoughts badly, it suffered"brake hard", or even declined. Because of the legal system construction is not taken into account, some outstanding legal culture at all times and in all over the world was dismissed as"feudalism, capitalism, revisionism", the class struggle was taken as outline for a long time, abandoned the training to the legal consciousness of the leading cadres; with the slogan to hit public security organs, legal research is limited to the type of legal history, jurisprudence research is limited to so-called principle of party spirit, that caused ossified, closed and detained thinking , it influenced the enhancement of law consciousness of leading cadres seriously. (C) Legal education is backward. Since the influence of long-term"left"wrong thinking, the party member leading cadres is lack of law consciousness badly, some wrong thinking in their mind: policy is important than law, administrative power is important than law norms. The legal awareness of leading cadres and the requirements to the ad hoc market economic development of socialism in China still has certain gap.Third, the way to improve legal consciousness of the party member leading cadres in the behavior of anti-corruption.(A) Strengthen the legal education of leading cadres. Under the impact of external factors of reform and opening up, China is accelerating pace of legislation, which requires leading cadres kept the"charge"to make up for the lack of legal knowledge. (B) Strengthen the legal awareness of practice. In addition to grasping certain legal consciousness, the leading cadres also need practice of law. Through the law using, enforcement, compliance and other aspects of social practice, strengthen the legal awareness of leading cadres. (C) Focus on the selection criteria of legal consciousness of leading cadres. According to the relevant provisions of laws, regulations and policies, do the standard checking work of legal consciousness well in the selection and appointment of leading cadres. (D) Improve the supervision according to law. Establish and perfect the checking and supervision mechanism to leading cadres who administrate by law. To discover timely and correct the behavior which do not accord to the law to wield power, and to strengthen the legal consciousness of leading cadres from institution.These articles mainly study and analyze the status of legal awareness of leading cadres from a macroscopic level, the factors of weak legal awareness of leading cadres, the way to improve legal consciousness of the party member leading cadres in the behavior of anti-corruption, these are some common phenomenon. These articles lack microscopic study and can not be more fully reflect the current legal consciousness of leading cadres.The innovation of this paper is: take the case of Li Zhen and Wang Huaizhong as the practical basis, combined with the construction of the Chinese Communist Party rule and the legal knowledge, from the angle of the combination of macro and micro perspective, to state the status of legal awareness of leading cadres, the reasons of lacking legal awareness and the way to develop legal awareness, thus, provide certain reference function to training legal awareness of leading cadres...